what - Search | Prison Legal News

State v. Cavan-337 Ore. 433, 98 P.3d 381 (2004).

Case • 2004

not conclusively indicate what the framers meant when they stated that "the accused shall have the right to public trial by an impartial jury[.]" Although the words "impartial jury" may seem to have a self-evident ...

Taylor v. Burnett-105 F.Supp.2d 483 (ED VA 2000)

Case • 2000

of inadequate treatment of HIV or AIDS must be analyzed with respect to all the surrounding facts and circumstances. Few circuit courts have addressed the issue of what precise level of medical care is necessary ...

Burgess v. Lowery-201 F.3d 942 (7th Cir. 2000)

Case • 2000

, 640 (1987), that "the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." The relevant sources of law from which ...

Auge v. New Jersey-327 N.J.Super. 256, 743 A.2d 315 (2000)

Case • 2000

the statutory scheme [is] so punitive either in purpose or effect,' as to 'transfor[m] what was clearly intended as a civil remedy into a criminal penalty.'" Ibid. (quoting Ward, supra, 448 U.S. at 248- 49, 100 S ...

Yeskey v. Pennsylvania-76 F.Supp.2d 572 (MDPA 1999)

Case • 1999

whether a disability exists, what constitutes a major life activity should not be decided on a case-by-case basis as it relates to a particular plaintiff; to do so would lessen the burden of showing ...

Mitchell v. Brown & Williamson Tobacco Corp.-294 F.3d 1309 (11th Cir. 2002)

Case • 2002

the language Congress chose to express its intent is clear and unambiguous, that is as far as we go to ascertain its intent because we must presume that Congress said what it meant and meant what it said ...

Larue v. Fairman-780 F. Supp. 1199 (ND IL 1991)

Case • 1991

that what he or she is doing violates that right. Anderson v. Creighton, 483 U.S. 635, 639, 107 S.Ct. 3034, 3038, 97 L.Ed.2d 523 (1987). In support of their claim of qualified immunity, defendants contend ...

Woods v. Smith-60 F.3d 1161 (5th Cir. 1995)

Case • 1995

that Regel stated: "I know you know that we Security people stick together like you prisoners, didn't Sergeant Daigrepont tell you he gets what he wants?"; and Palermo added "This will make sure we don't see ...

Smith v. Department of Corrections-870 F.2d 254,126 Or App 271 (Or.App 1994)

Case • 1994

document in the federal court action submitted to us, that tells us what Smith claimed as the reason for the claimed retaliation. It could have been any number of reasons other than to interfere with his ...

Jones v. Coonce-7 F.3d 1359 (8th Cir. 1993)

Case • 1993

S. Ct. 3034 (1987). [27] We have taken a broad view of what constitutes "clearly established law" for the purpose of qualified immunity, requiring some but not precise factual correspondence ...

Rodriguez v. James-823 F.2d 8 (2nd Cir. 1987)

Case • 1987

commitment of scarce funds serves "substantial governmental interest in 'preventing prisoners from running up what are essentially uncollectible debts'") (quoting Matter of Milburn v. McNiff, 91 A.D.2d 1024 ...

Cline v. Fox-282 F.Supp.2d 490 (N.D.W.Va. 2003)

Case • 2003

directive." When a staff [ Page 3] [13] member asked a question about what to do, Tanczyn simply pointed to the Policy Directive and told them to do the job "like the policy says." Tanczyn admits ...

Whittington v. Vaughn-289 F.Supp.2d 621 (E.D.Pa. 2003)

Case • 2003

always agreed to comply, at least temporarily. Id. One time, during one of their informal meetings called as a result of plaintiff's behavior, defendant Feild told plaintiff that he would be issued what ...

Morris v. Crawford County, Ark.-299 F.3d 919 (8th Cir. 2002)

Case • 2002

conduct may have "reflect[ed] indifference to [the officer's] record, . . . what is required is deliberate indifference to a plaintiff's constitutional right." Id. at 414-15. [27] Bryan County ...

United States v. Hugs-384 F.3d 762 (9th Cir. 2004)

Case • 2004

the indictment. Id. We concluded that the instruction did not constructively amend the indictment because the evidence produced at trial addressed only what was charged in the indictment. Id. at 1175. Because ...

Walker v. Blackwell-411 F.2d 23 (5th Cir. 1969)

Case • 1969

of our place. [33] Q. What emphasis, what provision is made to accommodate religious programs? [34] A. There is religious programs that are on both of these channels and more so on Sunday ...

Rodriguez v. James-823 F.2d 8 (2nd Cir. 1987)

Case • 1987

commitment of scarce funds serves "substantial governmental interest in 'preventing prisoners from running up what are essentially uncollectible debts'") (quoting Matter of Milburn v. McNiff, 91 A.D.2d 1024 ...

Montez ex rel. Estate of Hearlson v. United States-359 F.3d 392 (6th Cir. 2004).

Case • 2004

] After Montez filed the complaint, the United States filed a motion to dismiss or, in the alternative, for summary judgment. The district court granted the motion, reasoning that "the decision as to what ...

Ferguson v. Perry-593 So.2d 273 (Fla.App. 5th DCA 1992).

Case • 1992

contains questions such as, "Are you ill" and "If so, what's wrong" - was left blank, with the notation "unable to answer" written across it in large letters. [19] Bryant was transported ...

Murphy v. Missouri Dept. of Corrections-814 F.2d 1252 (8th Cir. 1987)

Case • 1987

that "to protect the inmates' procedural due process [**17] rights," prison officials were to implement what the district court termed "additional procedures." Id. at 25-26. The district court ordered prison ...